Legal analysis: specific analysis of specific cases.

Three risks of using unregistered trademarks

1. Not protected by law

Article 3 of the "Trademark Law" stipulates: "Registration approved by the Trademark Office Trademarks are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.”

So, the biggest risk for companies to use unregistered trademarks. That is, the trademark cannot be protected by relevant laws. The enterprise does not have exclusive rights to the trademark, and other enterprises can also use the trademark.

For example: The "Dadi" brand tractor produced by Company A is of high quality and low price, and is very popular among consumers. However, Company A did not register the "Dadi" trademark, so other manufacturers began to sell their tractors with the word "Dadi" on them, thereby damaging Company A's interests.

2. It is easy to be registered by others

my country's "Trademark Law" stipulates that the exclusive right to trademark can only be obtained through trademark registration, and the principle of first-to-file is adopted, that is, whoever applies for registration first , whoever owns the exclusive right to the trademark.

If a company uses an unregistered trademark, once the trademark is successfully registered by others, the company may no longer be able to use the trademark, and the manpower, material and financial resources previously spent on promoting the trademark will be wasted. .

3. It is easy to infringe on the exclusive rights of others to use trademarks

Using unregistered trademarks is easy to infringe on the exclusive rights of others to use trademarks. If an unregistered trademark used by an enterprise is the same as or similar to someone else's previously registered trademark, it may infringe on the enterprise's trademark exclusive rights, leading to trademark disputes and even litigation between the two parties. If it is ultimately determined that the company has indeed infringed on the exclusive rights of others to use its trademark, it may also compensate others for their economic losses.

Legal basis: "Trademark Law of the People's Republic of China" Article 3 Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks, and certification marks; trademark registration Everyone has the exclusive right to use a trademark and is protected by law.

The term "collective trademark" as mentioned in this Law refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.

The term "certification trademark" as used in this Law means that it is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the goods or services. The origin, raw materials, manufacturing methods, quality or other signs of specific quality of the goods or services.

Special matters concerning the registration and management of collective trademarks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.